Matter of Rizzuto v Prack

Matter of Rizzuto v Prack 2016 NY Slip Op 01708 Decided on March 10, 2016 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: March 10, 2016
520665

[*1]In the Matter of ALFONSO RIZZUTO, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: January 19, 2016
Before: McCarthy, J.P., Egan Jr., Rose and Lynch, JJ.

Alfonzo Rizzuto, Duryea, Pennsylvania, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the disciplinary determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see

Matter of Rizzuto v Prack, 134 AD3d 1263, 1263 [2015]).

McCarthy, J.P., Egan Jr., Rose and Lynch, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.